While the first half of the Cal Poly football players’ preliminary hearing concerning the attempted robbery at the Cal Poly Delta Sigma Phi house focused on the testimony and cross examination of San Luis Obispo Police Department (SLOPD) Detective Eric Vitale, Tuesday’s second half centered around SLOPD peace officer Amy Chastain’s testimony.
As in the first preliminary hearing, Dominique Love, Kristaan Ivory, Cortland Fort and Jake Brito were present, while the fifth and last player, Cameron Akins, was not.
The story according to Chastain
Chastain took the stand and told what she knew, which focused mostly on what was happening around and outside the Delta Sigma Phi residence during the attempted robbery. Vitale’s testimony focused more on the robbery and the goings-on at the fraternity house itself.
According to Chastain, she was contacted and responded to the situation at the Delta Sigma Phi home. Another police officer drove to the scene, where he passed a car without its lights on. The car drove off and the policeman pursued, eventually stopping the vehicle at a nearby 7/11.
The driver was Fort.
According to Chastain, there were several items in the car:
- Three wallets, which belonged to Akins, Ivory and Brito.
- Two cell phones, one belonging to Brito and the other to Ivory.
- iPad mini, which belonged to a Delta Sigma Phi member.
Chastain contacted the fraternity member whose iPad was in the car. She was able to do so by looking at the contact information in the cover sleeve. He then told her he was indeed missing an iPad as well as an iPhone.
What Ivory told Chastain
Ivory was one of the football players whose testimony Chastain shared during the hearing.
According to Chastain, Ivory told her the football players decided to go to the fraternity home to take money, and also mentioned someone in the group of five football players had bought marijuana from a member of Delta Sigma Phi, but he did not say who bought it.
When they arrived at the fraternity home, everyone got out of the car except Fort. When Ivory saw the amount of people on the Delta Sigma Phi premises, he said the plan was a “bad idea.”
He and Brito then left before the alleged robbery occurred. According to Chastain, Ivory said they got a ride from a fellow football player, Mike Thomas, who happened to be in the area.
What Brito told Chastain
According to Chastain, Brito confirmed he and Ivory left the scene before the attempted robbery occurred.
What Fort told Chastain
During the interview with Chastain, Fort confirmed he was driving because he was the only sober one of the group.
While at Love’s house, he was requested to drive Akins, Ivory and Brito to Cal Parks Apartments. He did not mention Love. According to Chastain, he also confirmed he did not know why the men wanted to go to that location.
What Thomas told Chastain
The football player Ivory said he got a ride back with, Thomas, told Chastain a story that conflicted with Ivory’s.
According to Chastain, Thomas was in his parked car at Cal Park Apartments with former football player Alex Hubbard. Ivory, Brito and Love walked up to his car and got into the back seats and began to talk.
The three began asking the two if anyone had seen them or if they knew what happened. Suspicious, Hubbard asked them to get out of the car. They did so, conflicting with Ivory’s statement that he got a ride back with him.
Defense attorneys stand by statements
All four defense attorneys stood by their case that their clients were not involved in the robbery, as they also did in the first hearing.
The preliminary hearing will continue Wednesday at 1:30 p.m. It will start back up with Chastain on the stand.